BIRCH BAY WATER & SEWER DISTRICT

COMMISSION POLICY

SUBJECT: Limitations on Water Service Outside 0f the District Water Service Area

Whereas, the District’s mission is to provide high quality water and sewer service within the District’s water and sewer service areas at reasonable cost; and

Whereas, the District declared its water service area in the District’s Comprehensive Water System Plan, last updated March, 2009; and

Whereas, pursuant to the requirements of the Whatcom County Coordinated Water System Plan (CWSP), the District has identified its water service area in a Declaration of Water Service Area which the District has duly filed with Whatcom County; and

Whereas, the CWSP recognizes each utility’s declared water service area as the area within which that utility has exclusive responsibility for providing all public water service; and

Whereas, the CWSP further states “…a utility’s water facilities… can be located outside the utility’s service area. These facilities can be located within another utility’s retail service area provided the facilities are not used for direct retail service without the written concurrence of the designated utility”; and

Whereas, the District’s water system is designed to provide reliable service to District customers only within the District’s service area; it is not designed to provide that same level of reliable service outside of said designated water service area and in particular, has not been designed to provide reliable fire protection service outside the District’s service area; and

Whereas, the District has facilities located outside its water service area and occasionally receives requests for water service within such areas, particularly for fire flow; and

Whereas, it is in the interest of the District to adopt policies to ensure consistency with the CWSP and reasonable treatment of such water service requests; and

Whereas, the foregoing recitals are findings of the Board of Commissioners (“Board”) and are a material part of this policy;

NOW THEREFORE, the Board hereby adopts the following policy pertaining to providing water service outside the District’s water service area:

Fire Hydrants and Fire Flow Service. The District will not provide or allow fire hydrants as part oft he District system outside of its service area, nor will the District provide other forms of fire protection service outside of its service area. There is one tire hydrant located outside of the District service area and the Board has previously approved one application for fire hydrant placement. These existing commitments will be considered “grandfathered” and allowed to continue.

Other Water Service Requests. The Board will consider other requests for water service outside the District’s service area on a case by case basis, taking into account the feasibility of the request, direct or indirect impacts on customers in the District’s service area, any precedent that may be established in granting or denying the request, and any other factors which the Board believes may affect the interests of the District. The Board will retain sole discretion to approve or deny requests for water service outside the District’s service area for any reason. Requests for water service outside the District’s water service area which the Board agrees to pursue shall be subject to the following non-exhaustive listing of requirements and procedures intended to ensure consistency with all applicable regulations and equitable treatment relative to District customers and developers of property within the District’s water service area:

  • Payment of application fee for development of conditions letter.
  • Payment of deposit to cover any and all District costs including but not limited to administrative, legal and engineering costs.
  • Written concurrence of the water utility having the declared water service where the service is proposed, if applicable.
  • Amendment of the District’s Water System Plan, including approval of Whatcom County and the Washington State Department of Health.
  • Approval of the Boundary Review Board.
  • Entry of a Developer Extension Agreement.
  • Design and construction of facilities.
  • SEPA compliance.
  • Conveyance to the District of all necessary easements and interests in land required to provide service.
  • Obtaining all necessary governmental permits and compliance with applicable regulations.
  • Development and payment of any and all fees and charges. Such fees and charges include but are not limited to connection fees, outside-District surcharges and O & M charges.

Approved: August 12, 2010

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